AMNESTY SCHEME 2022 IN MAHARASHTRA

This query is : Resolved

Jignesh Shah (Querist)
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25 August 2022 CST RETURN FOR THE PERIOD APR 17 - JUN 17 WAS FILLED MENTIONING CST AMOUNT RS 8000/- (2% LEVIED AGAINST C FORM SALES) AND LATE FEE RS 5000/- PAYABLE.

AS ON TODAY TAX + LATE FEE + INTEREST OF RS 10000/- SO TOTAL RS 23000/-. NOW THERE IS NO CHANCE OF GETTING C FORM

AS PER AMNESTY SCHEME 2022 IF DUES IS BELOW RS 10 LACS DEALER CAN PAY 20% OF TOTAL DUES AND REMAINING 80% WILL BE WAIVED.

OUR QUESTION IS - IN THE SCHEME IT IS MENTIONED AGAINST STATUTORY ORDER WHILE OUR DUES IN RETURN DUES. FURTHER SINCE C FORM IS NOT POSSIBLE TO OBTAIN THEN TAX AMOUNT OF RS 8000/- IS DISPUTED OR UNDISPUTED TAX.

KINDLY ADVISE

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 In your situation under the Amnesty Scheme 2022, here’s how you can interpret and proceed:

1. **Nature of Dues**: Your total dues are currently Rs 23,000, consisting of tax, late fee, and interest. The tax amount of Rs 8,000 was initially declared based on the CST return, which included 2% levied against C Form sales.

2. **Amnesty Scheme Eligibility**: Since your total dues (Rs 23,000) are below Rs 10 lakhs, you are eligible to pay 20% of the total dues and the remaining 80% will be waived under the scheme.

3. **Disputed vs Undisputed Tax**:
- **Disputed Tax**: Typically refers to tax that is under dispute or disagreement between the taxpayer and the tax authorities.
- **Undisputed Tax**: Refers to tax that is acknowledged and not under dispute.

In your case:
- The tax amount of Rs 8,000 declared in the CST return can be considered disputed if you are unable to obtain the C Form. This is because the CST liability at 2% against C Form sales is contingent upon furnishing the C Form.

4. **Disclosure under Amnesty Scheme**:
- When availing the benefits of the Amnesty Scheme 2022, you should disclose the disputed tax amount (Rs 8,000 in your case) under the category specified for disputed amounts against statutory orders.
- The late fee and interest components can also be included in the total dues for which you will pay 20%.

5. **Payment Calculation**:
- Pay 20% of the total dues (Rs 23,000), which amounts to Rs 4,600.
- This payment should cover both disputed tax (Rs 8,000) and the other components (late fee and interest).

6. **Next Steps**:
- Prepare to make the payment of Rs 4,600 under the Amnesty Scheme, specifying the disputed tax amount appropriately.
- Ensure compliance with all procedural requirements and use the designated forms or utilities provided under the scheme.

Always verify with the latest guidelines and notifications issued by the tax authorities to ensure accurate and compliant disclosure and payment under the Amnesty Scheme 2022.